Davis, CA asked in DUI / DWI and Immigration Law for California

Q: Green card holder with DUI conviction applying for citizenship: 5-year rule query.

I was arrested for a DUI in 2023 and officially convicted in June 2024. I am a green card holder and want to apply for U.S. citizenship. I read that I can apply after five years since the DUI completion. Does this period start from the date of arrest in 2023 or from my conviction date in June 2024? Additionally, I have completed all court-mandated requirements related to the DUI, and have no other convictions.

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James L. Arrasmith
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Answered

A: The five-year period for applying for U.S. citizenship typically starts from the date of your DUI conviction, not the date of your arrest. Since you were convicted in June 2024, the good moral character requirement would generally extend five years from that date, meaning you would be eligible to apply in June 2029. However, immigration officers review applications on a case-by-case basis, and they may consider your overall conduct, including efforts at rehabilitation.

Since you have already completed all court-mandated requirements, that can work in your favor. Demonstrating good moral character through steady employment, community service, and a clean record moving forward can help strengthen your case when the time comes. Officers may still ask about the DUI, so being prepared with proof of completion of all related penalties is important.

If you choose to apply earlier than the five-year mark, there is a risk of denial due to the recent conviction. If that happens, you would lose the application fee and have to reapply later. Waiting until you have a stronger record of good moral character can improve your chances of approval.

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